[CPEO-BIF] BUILD Act

[Lenny Siegel]

The bi-partisan BUILD Act, which would re-authorize and enhance the  
legislative basis of U.S. EPA's Brownfields program, will soon be the  
subject of a hearing before the Senate Environment and Public Works  
Committee. This June 2 press release from Sen. Markey's office  
describes the legislation:

Markey, Inhofe lead Bipartisan Group of Senators in Introducing  
Brownfields Reauthorization

Tuesday, June 2, 2015
WASHINGTON, DC – U.S. Sen. Jim Inhofe (R-Okla.), chairman of the  
Senate Committee on Environment and Public Works (EPW), and Sen.  
Edward Markey (D-Mass.), ranking member on the Superfund, Waste  
Management, and Regulatory Oversight Subcommittee for EPW, led a  
bipartisan group of Senators in introducing S. 1479,  the Brownfields  
Utilization, Investment, and Local Development Act of 2015 (BUILD  
Act).  Sens. Barbara Boxer (D-CA), ranking member of the EPW  
Committee; Mike Rounds (R-S.D.), chairman of the Superfund, Waste  
Management, and Regulatory Oversight Subcommittee, Cory Booker (D- 
N.J.), and Mike Crapo (R-Id.) are original cosponsors of the BUILD Act.

The Brownfields program, which is administered by the U.S.  
Environmental Protection Agency (EPA) and enjoys strong bipartisan  
support, provides grants and technical assistance to states, local  
governments, tribes, and redevelopment agencies to support the  
assessment, cleanup, and reuse of Brownfield sites.  Among other  
things, the BUILD Act would provide funding for technical assistance  
grants to small communities and rural areas, expand the scope of  
eligible grant recipients to include non-profit community groups, and  
authorize funding for multi-purpose grants to tackle more complex sites.

“When I became Chairman of the EPW committee, reauthorizing the  
Brownfields program emerged as a key priority for our committee.  I  
am proud to work together with my good friend, Senator Markey, and  
other members of the EPW committee to improve the Brownfields  
program,” said Inhofe. "While Senator Markey and I may not see eye-to- 
eye on every environmental issue, the Brownfields program is where we  
have found common ground to achieve real results in cleaning up  
contaminated sites while also promoting economic development across  
our states and in our local communities. The BUILD Act will make  
several overdue improvements to the Brownfields program that expired  
in 2006. Our bill directs EPA to provide technical assistance grants  
to small communities, Indian tribes, rural areas, and disadvantaged  
areas, and provides greater certainty for long-term cleanups of more  
complex projects.  I proudly stand with my colleagues in making a  
good EPA program even better, and I look forward to moving this  
legislation through the committee in the coming year."

"Senator Inhofe and I might not agree on all green jobs creation, but  
we’re both committed to improving Brownfields utilization, and the  
BUILD Act is critical to cleaning up the decades of abuse our lands  
have experienced at the hands of corporate polluters,” said Markey.  
"Cleaning up Brownfield sites is a win-win for Massachusetts and the  
country, helping to create jobs and spur economic activity while  
revitalizing underutilized and polluted lands. I look forward to  
working with Senator Inhofe and my colleagues to ensure that these  
Brownfield sites will no longer be part of the problem, but will be  
part of our economic solution.”

“The BUILD Act is critical to ensuring that communities near  
contaminated sites will be cleaned up and revitalized,” said Sen.  
Boxer. “I look forward to working with my colleagues as we move  
forward with this bipartisan legislation in the Senate."

“A number of South Dakota communities have benefited from the  
Brownfields program,” said Rounds. “Reauthorization of the program  
will allow us to continue to clean up polluted areas so they are once  
again safe for use.”

“As a mayor, I saw firsthand how the EPA’s Brownfields program could  
benefit and help revitalize communities like Newark.” Sen. Booker  
said. “I am proud to join this effort to expand the eligibility and  
scope of the Brownfields program to support cleanup and development  
efforts in more communities across New Jersey and the country. This  
bipartisan legislation is critical to restoring the estimated 450,000  
brownfield sites nationwide to productive uses and will contribute  
greatly to our nation’s public and economic health.”

“With the important assistance provided though the Brownfields  
program, many communities throughout Idaho have successfully been  
able to revitalize underutilized and contaminated sites, enabling  
redevelopment for businesses, parks and residential areas,” said  
Crapo.  “This legislation improves the already successful program by  
increasing access for rural and small communities and providing much- 
needed certainty for long-term projects.”

Highlights of the BUILD Act:

Authorizes up to $7,500 in technical assistance grants to eligible  
entities in small communities, Indian tribes, rural areas, and  
disadvantaged areas.
Expands the eligibility for Brownfields grants for nonprofit  
organizations to include certain nonprofit organizations, limited  
liability corporations, limited partnerships, and community  
development entities.
Increases the funding limit for remediation grants to $500,000 for  
each site, with some exceptions for higher funding, and authorizes  
multi-purpose grants up to $950,000, which provide greater certainty  
for long-term project financing.
Allows certain government entities that do not qualify as a bona fide  
prospective purchaser to be eligible to receive grants so long as the  
government entity did not cause or contribute to a release or  
threatened release of a hazardous substance at the property.
Allows eligible entities to use up to 8 percent of their Brownfields  
grant funding for administrative costs.
Directs EPA in providing grants to give consideration to brownfield  
sites located adjacent to federally designated floodplains.
Requires EPA to establish a program to provide grants of up to  
$500,000 to eligible entities and to capitalize a revolving loan fund  
to locate clean energy projects at Brownfields sites.
Reauthorizes the Brownfield program at the same authorized funding  
level ($250 million per year) through fiscal year 2018.
Background

A similar version of the BUILD Act (S. 491) was introduced by Sens.  
Lautenberg, Inhofe, Crapo and Udall in March 2013.  The EPW  
Subcommittee on Superfund, Toxics and Environmental Health held a  
hearing on the Brownfields program in July 2013, and the full  
committee reported an amended version by voice vote on April 3,  
2014.  The BUILD Act introduced today reflects the amended version  
adopted by the EPW Committee in the 113th Congress.

On Jan. 11, 2002, the Small Business Liability Relief and Brownfields  
Revitalization Act (PL 107-118) was enacted by President George W.  
Bush.  The underlying bill (H.R. 2869) passed the House under  
suspension of the rules and the Senate under unanimous consent on  
Dec. 20, 2001.  Authorization for the Brownfields program expired in  
2006.

For fiscal year 2015, Congress appropriated $189 million to EPA for  
the Brownfields program.


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To view the original press release, go to

http://www.markey.senate.gov/news/press-releases/markey-inhofe-lead- 
bipartisan-group-of-senators-in-introducing-brownfields-reauthorization




--

Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel at cpeo.org>
http://www.cpeo.org

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